Allahabad High Court
AKHIL GUPTA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 528 B.N.S.S. is dismissed as not pressed.
Summary
The applicants, Akhil Gupta and Nihal Verma, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge‑sheet and cognizance order in Criminal Case No. 288 of 2021, which involved offences under Sections 323, 504, 506 of the IPC and Section 3(1)(da)(dha) of the SC/ST Act. The State opposed the application. Counsel for the applicants argued that the petition should be dismissed as not pressed, contending that all substantive pleas would be raised at the trial stage. The Court examined the records and agreed with the applicants' counsel that the application was not pressed. Consequently, the Court dismissed the application under Section 528 as not pressed, without entertaining the request to quash the proceedings.
Issues considered
- Whether the application filed under Section 528 B.N.S.S. is pressed and therefore merits consideration.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 504, 506
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(da)(dha)
Subjects
- criminal procedure
- Section 528
- application not pressed
- quash charge sheet
- SC/ST Act
- IPC offences
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42031 of 2026
Akhil Gupta And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rohan Kumar, Utkarsh Khanna
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Utkarsh Khanna, learned counsel for the applicants and Sri
Bade Lal Bind, learned counsel for the State and perused the records.
3. The present application under Section 528 B.N.S.S. has been filed by the
applicants- Akhil Gupta and Nihal @ Nihal Verma, with the prayer to allow
the present application and quash the entire proceeding as well as charge-
sheet dated 14.01.2021 & cognizance order dated 06.07.2021 in Criminal
Case No. 288 of 2021 (State Vs. Akhil Gupta and Another) arising out of
Case Crime No. 312 of 2020, under Sections 323, 504, 506 I.P.C. and 3(1)
(da) (dha) SC/ST Act, Police Station Kamalganj, District Farrukhabad, along
with order dated 22.09.2025 passed by Additional Sessions Judge, Court
No.2 / Special Judge (SC/ST) Act, Farrukhabad, with a further prayer that
proceedings of the aforesaid case be stayed.
4. Learned counsel for the applicants submits that the present petition be
dismissed as not pressed as he shall be raising all pleas available to him with
regard to the issue in dispute before the trial court at the appropriate stage.
5. Prayer is allowed.
6. The present application u/s 528 BNSS is dismissed as not pressed.
September 30, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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